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Intellectual Property Protection United Kingdom Trademarks

Morgan Lewis

UK Supreme Court Confirms Post-Sale Context Is a Basis for Trademark Infringement

Morgan Lewis on

The UK Supreme Court recently handed down judgement in the case of Iconix Luxembourg Holdings SARL v. Dream Pairs Europe Inc. The decision has provided important clarity on the question of whether post-sale confusion is...more

Jones Day

UK Supreme Court Holds Post-Sale Confusion is Relevant for Establishing Trade Mark Infringement

Jones Day on

The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more

McDermott Will & Schulte

News From Across the Pond: UK+ Regime Now Permanent

In 2021, shortly after Brexit became effective, the UK Intellectual Property Office (IPO) established the “UK+ regime” on the exhaustion of intellectual property (IP) rights with regard to the European Economic Area (EEA)....more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 2: Combatting Dupes and Copycats...

K&L Gates LLP on

Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be...more

Morrison & Foerster LLP

Thatchers v. Aldi: A Bitter Battle over Cider Branding

On 20 January 2025, the Court of Appeal handed down its judgment in the trade mark dispute between Thatchers Cider Company Limited (“Thatchers”), the largest family-run independent cider producer in the UK, and Aldi Stores...more

K&L Gates LLP

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement...

K&L Gates LLP on

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of...more

K&L Gates LLP

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the...

K&L Gates LLP on

New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more....more

A&O Shearman

Re-designing rights to terminate on reasonable notice

A&O Shearman on

In Zaha Hadid Ltd v The Zaha Hadid Foundation, the High Court confirmed that agreements of indefinite duration would not necessarily be interpreted to include bilateral termination rights and that the absence of such rights...more

Jones Day

SkyKick v Sky: UK Supreme Court Confronts Bad Faith in Trade Mark Applications

Jones Day on

The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks....more

K&L Gates LLP

SkyKick v Sky: A Debrief of the Latest Developments

K&L Gates LLP on

The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for...more

Troutman Pepper Locke

SkyKick – What Brand Owners Need to Know

Troutman Pepper Locke on

On 13 November 2024 the UK Supreme Court handed down its decision in the case of SkyKick UK Ltd and Sky Ltd (full decision here). By the time the long-running dispute reached the Supreme Court, the key point in issue was...more

Hogan Lovells

No more pie in the sky: UK Supreme Court rules over-broad trade marks invalid for bad faith – Sky v SkyKick

Hogan Lovells on

On 13 November 2024, the Supreme Court handed down its long-awaited judgment in SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36. It held that the Court of Appeal was wrong to overturn the High Court's findings...more

A&O Shearman

Crowd control caution: how a crowded market may affect your trade mark protection

A&O Shearman on

The Court of Appeal has confirmed that the existence of a “crowded market” and any coexistence terms entered into by parties may be relevant factors in assessing likelihood of confusion. While the Lifestyle Equities v Royal...more

A&O Shearman

HALLOUMI collective mark fails to prevent trade mark registration for GRILLOUMI

A&O Shearman on

The High Court has recently upheld the UKIPO’s decision that GRILLOUMI and GRILLOUMAKI can be registered as trade marks, despite opposition from the owners of the collective mark HALLOUMI. This decision highlights the...more

Jones Day

UK Court of Appeal Diverges From EU Trademark Law

Jones Day on

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more

Hogan Lovells

UK Court of Appeal finds Tesco infringes Lidl’s trade mark but not copyright

Hogan Lovells on

The Court of Appeal has upheld findings that Tesco infringed Lidl’s trade mark for its LIDL logo, by using a similar logo in its Clubcard Prices promotion. The Court of Appeal also dismissed Tesco’s appeal against a finding...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

Jones Day on

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Troutman Pepper Locke

Better User Experience or Trade Mark Infringement? The UK Supreme Court Gives Guidance on Website Targeting

Troutman Pepper Locke on

The Supreme Court of the United Kingdom has recently upheld a decision of the English Court of Appeal concerning the criteria for when a website will be considered to be targeting consumers in the United Kingdom ("UK"). The...more

International Lawyers Network

UK Appeal Court: Beware of the “Side-By-Side” Trade Mark Comparison

Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024) - When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the...more

Sheppard Mullin Richter & Hampton LLP

Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more

Hogan Lovells

UK IPO consultation on digital transformation: trade mark and design services

Hogan Lovells on

The UK Intellectual Property Office (IPO) has started a second consultation on proposed changes to trade marks, design rights and tribunal services, in relation to its "One IPO" digital transformation programme. The deadline...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI in Europe: Road Map for Navigating the IP, Data Protection and Regulatory Considerations

Organizations developing or using generative AI tools should implement cross-functional governance frameworks to develop and continuously monitor their use of such tools. From the earliest stages of generative AI use,...more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

A&O Shearman

Indirect confusion: What is it good for?

A&O Shearman on

While both direct and indirect confusion occur in the real world, the use of this distinction in the legal test of a likelihood of confusion is unnecessary. Further, the requirement to explain a finding of indirect confusion...more

A&O Shearman

When reputation fails to bring it home for Crossfit

A&O Shearman on

On appeal from the UKIPO, the Lord Chancellor’s Appointed Person Phillip Johnson has rejected a trade mark opposition brought by Crossfit against a new mark for health and fitness services. Despite the reputation of...more

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